LW308: Constitutional Law

Semester 1, 2021

Tutorial / Forum Exercise

Topic 8: General Structure of Constitutions

Question 1 - The Bill of Rights

1.1. To warm up, look up four (4) Constitutions from the USP region. What is the systemic

location and structure of those Constitutions' Bill of rights within the Constitution? (Make

a simple reference to the Chapters etc. where the Bill of Rights are systemically situated

within each Constitution).

1.2. Do you think that a Bill of Rights should be systemically separate from the Constitution /

placed outside the Constitution? What could be the arguments for and against such an

assumption?

Question 2 - Institutionalist vs. Rights-Based Approach

2.1. What is the difference between the British 'institutionalist' approach to constitutional law

and the American 'rights based' approach? List and discuss some of the benefits and

shortcomings of each approach. Which approach would you choose and why?

2.2. Find two (2) Constitutions in the USP region that combine elements of both the British

institutionalist model as well as the American rights-based model. Do you think combining

these different models has worked well in the context of the two constitutions selected?

Provide reasons.